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Opinions Nov. 20, 2023

November 20, 2023

Court of Appeals of Indiana
Steven Slater, Jr. v. State of Indiana
22A-CR-3060
Criminal. Affirms Steven Slater’s convictions in Allen Superior Court of Level 6 felony possession of methamphetamine and Class A misdemeanor resisting law enforcement, his adjudication as a habitual offender, and the revocation of his probation as a result of his new convictions. Finds the state presented sufficient evidence to support Slater’s convictions. Also finds his aggregate eight-year sentence in F6-1027 is not inappropriate given the nature of his offenses and his character. Finally, finds the trial court did not abuse its discretion in ordering Slater to serve the entirety of his previously suspended sentence.

Democrat Destiny Wells to run for Indiana attorney general

November 20, 2023 | Peter Blanchard, Indianapolis Business Journal

Destiny Wells, who was seen as the Indiana Democratic Party’s best chance at taking statewide office in 2022, will run for attorney general in 2024.

Barta named Indiana’s 2nd solicitor general, replacing Fisher

November 20, 2023 | IL Staff

James Barta, formerly the deputy solicitor general in the Indiana Attorney General’s Office, has been promoted to solicitor general — only the second attorney in the state’s history to serve in that role. He replaces Thomas M. Fisher.

Federal court hears arguments in Haitian immigrants’ challenge to Indiana law that limits driver’s license access to certain Ukrainians

November 20, 2023 | Associated Press

A federal judge heard arguments Friday from lawyers for a group of Indiana residents from Haiti who are suing the state over a law that allows immigrants in the U.S. on humanitarian parole to get driver’s licenses, but only if they are from Ukraine.

Man sentenced to probation for threats made to Congressman Banks

November 20, 2023 | Associated Press

An Indiana man accused of intimidating and harassing GOP U.S. Rep. Jim Banks and his family earlier this year was sentenced to probation Friday, according to court records.

Woman accused of involvement in death of child found in suitcase in Indiana makes plea deal

November 20, 2023 | Associated Press

A Louisiana woman accused of involvement in the death of a 5-year-old Atlanta boy whose body was found in a suitcase in Indiana last year has reached a plea deal with prosecutors, news outlets reported.

Colorado judge finds Trump engaged in insurrection, but rejects constitutional ballot challenge

November 20, 2023 | Associated Press

A Colorado judge on Friday found that former President Donald Trump engaged in insurrection during the Jan. 6, 2021, attack on the U.S. Capitol but rejected an effort to keep him off the state’s primary ballot.

Lugar Tower resident files new complaint alleging unsafe living conditions at apartments

November 17, 2023 | Alexa Shrake

A new lawsuit has been filed on behalf of a resident at Lugar Tower Apartments demanding that professional security be restored at the facility during daytime hours to protect residents.

IN Supreme Court denies 21 transfer petitions

November 17, 2023 | IL Staff

The Indiana Supreme Court denied 21 transfer petitions for the week ending Nov. 10, granting none.

IN Supreme Court to hear oral arguments in medical malpractice case

November 17, 2023 | IL Staff

The Indiana Supreme Court will hear oral arguments this month in a case involving a patient who had surgery and was later informed that one of the hospital’s technicians didn’t complete the sterilization process for surgical instruments.

Opinions Nov. 17, 2023

November 17, 2023

Court of Appeals of Indiana
In Re: The Adoption of P.J.W. James D. DeClerck and Marilyn J. DeClerck v. Ronald J. Walters
23A-AD-1254
Adoption. Affirms the Montgomery Superior Court’s denial of James and Marily DeClerck’s petition to adopt P.J.W. Finds the trial court did not abuse its discretion when it found that adoption is not in the child’s best interests. Judge Terry Crone dissents with separate opinion.

Father deserves more time to build relationship with child, split COA affirms in adoption denial

November 17, 2023 | Alexa Shrake

A man with an extensive criminal history has made significant steps through his participation in drug court and shown that he clearly desired to act as his child’s father, a split Court of Appeals of Indiana affirmed Friday.

Mistrial declared after federal jury deadlocks in trial of ex-officer in deadly Breonna Taylor raid

November 17, 2023 | Associated Press

Jurors failed to reach a unanimous verdict on federal civil rights charges Thursday in the trial of a former Louisville police officer charged in the police raid that killed Breonna Taylor, prompting the judge to declare a mistrial.

New York judge lifts gag order that barred Donald Trump from maligning court staff in fraud trial

November 17, 2023 | Associated Press

A gag order that barred Donald Trump from commenting about court personnel after he disparaged a law clerk in his New York civil fraud trial was temporarily lifted Thursday by an appellate judge who raised free speech concerns.

Young to take on alumni, donor college admissions — without stepping on religious toes

November 17, 2023 | Indiana Capital Chronicle

Republican U.S. Sen. Todd Young from Indiana and U.S. Sen. Tim Kaine, a Democrat from Virginia, introduced a bill this month banning accredited institutions from offering preferential treatment to applicants with relationships to alumni or donors.

Biden signs a bill averting a government shutdown for now, with Israel and Ukraine aid still stalled

November 17, 2023 | Associated Press

President Joe Biden signed a temporary spending bill a day before a potential government shutdown, pushing a fight with congressional Republicans over the federal budget into the new year, as wartime aid for Ukraine and Israel remains stalled.

IN Supreme Court seeking comments on proposed trial rule amendments

November 16, 2023 | IL Staff

The Indiana Supreme Court is seeking public comment on several proposed amendments to the Indiana Rules of Trial Procedure.

Nonprofit running disability group homes says state home classifications are discriminatory

November 16, 2023 | Alex Brown, Inside Indiana Business

A DeKalb County not-for-profit has filed a federal lawsuit over what it claims are discriminatory requirements placed on several group homes it operates for individuals with disabilities.

Attorney General Rokita plans to appeal ruling backing IPS in lawsuit over $1 law

November 16, 2023 | Amelia Pak-Harvey, Chalkbeat Indiana

Indiana Attorney General Todd Rokita plans to appeal a Marion County judge’s ruling that grants Indianapolis Public Schools an exemption from state law requiring districts to sell closed school buildings to charter schools for $1.

Opinions Nov. 16, 2023

November 16, 2023

Court of Appeals of Indiana
Steven E. Malloch v. State of Indiana
22A-PC-2053
Post-conviction relief. Affirms the DeKalb Superior Court’s denial of Steven Malloch’s petition for post-conviction relief. Finds Malloch’s trial attorney, John Bohdan, did not perform deficiently by not calling an expert witness about false confessions at Malloch’s trial because he pursued other strategies calculated to sow doubt regarding the veracity of Malloch’s confession. Also finds Bohdan didn’t perform deficiently when he did not call a sleep expert who could not provide an opinion supportive of Malloch or a sleep expert who would have been a reluctant and equivocal witness at best.

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In This Issue

  • Some Rokita targets continue fighting civil subpoenas on immigration

  • State and federal courts leaning more heavily on magistrates

  • Legal troubles at Jack’s Donuts concern some local franchisees

Most Read
  • State’s high court to hear arguments on double jeopardy, right to appeal

  • 9 Indiana counties chosen for misdemeanor defense reimbursement pilot

  • List of new Indiana laws approved this year

  • ‘Get involved.’ Indiana judges, attorneys offer advice for new lawyers

  • Owner of Broad Ripple bar charged with underreporting more than $4.5M in sales

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